Health and Safety
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This leaflet explains the main requirements of the health and safety laws which you need to know about when you are buying new machinery (for second-hand machinery, see question 16). Although the laws look complicated, they do not change what you have always had to do - make sure that any new machinery you buy for use at work is safe.
The information in this leaflet is arranged in four sections:
and, for those who need it,
There are two groups of law:
If you buy new equipment (including machinery) this law also requires you, as a user, to check that the equipment complies with all the supply law that is relevant.
The user law has other requirements, but this leaflet does not deal with them.
To make sure that work equipment is safe when first supplied, and that it is then used correctly and safely, so that the risk of accidents or ill health occurring as a result of using the work equipment is reduced.
These laws replaced and updated older laws that had similar requirements. However, they did not really change what you have to do.
A machine is normally regarded as being a piece of equipment which has moving parts and, usually, some kind of drive unit.
Examples include:
Some types of machinery are not covered by the supply law - there is a list under ‘Exclusions’ towards the end of this leaflet.
You may already know that most new machinery should have CE marking when you buy it. However, CE marking is only a claim by the manufacturer that the machinery is safe and that they have met relevant supply law. You, the user, also have to check that it is, in fact, safe. To understand what this means when you are buying new machinery, it helps if you understand what the manufacturer (or supplier) has to do.
Manufacturers must make sure that the machines they make are safe. They will do this by:
Manufacturers must also:
No. the manufacturer is claiming that the machinery complies with the law. You still need to check the machine is safe before it is used.
Before you buy it, think about:
This can help you to decide which machine may be suitable, particularly if you are buying a standard machine 'off the shelf'.
If you are buying a more complex or custom-built machine you should discuss your requirements with potential suppliers. They can often advise you on the options available.
For a custom-built machine, you can use the opportunity to work with the supplier to design out the causes of injury and ill health. Some of the items you can cover are in Checklist A, which follows question 10. Time spent now on agreeing the necessary safeguards, to control health and safety risks, could save you time and money later.
Note: Sometimes machinery is supplied via another organisation, eg an importer, rather than direct from the manufacturer, so this organisation is referred to as the supplier.
When you place the order, specify in writing that the machine should be safe.
When you have bought it, look for CE marking, check that you have a copy of the declaration of conformity and a set of instructions in English on how the machine should be used, and most important of all, check to see if you think that it is safe.
First make sure that the supplier (or installer) has given you information on how the machine works and its safety features. With smaller off-the-shelf machinery, this should be included with the machine. With complex or custom-built machines this may be demonstrated by the supplier.
Then have a close look at it. Many things that affect safety are obvious; others can be detected using common sense and taking time to have a good look at your new machine. You can always compare it with any existing similar machines you have, to see if it is at least as good, or (hopefully) better.
Think about the following:
Do not use it. Contact the manufacturer or supplier for advice and arrange for the machine to be put right.
If your company often buys machinery, you should consider producing guidelines for the people who are responsible for buying it.
Allowing employees to use new machinery which is unsafe may cause an accident. Accidents or incidents will cost you money, and the costs can be higher than you realise.
Please note: If you will be forming an assembly line, by connecting several machines together yourself, you will need to comply with some of the requirements of the supply law, question 11.
Tell the supplier where the machine will be used, what you want to use it for and who will be using it, particularly if it is a complex or custom-built machine.
Ask the supplier the following:
In addition it is good practice for the supplier or manufacturer to have a service back-up or help line, so that you can get further information as you need it. You could check what is in place before buying.
Never assume that machinery is safe just because it has CE marking.
This section is for those who need to know a bit more about the supply law.
For more information, read 'Supplying new machinery' INDG270.
If the machine is intended for:
the manufacturer can issue a ‘Declaration of Incorporation’. In this case the machine should not have CE marking.
All suppliers have to make sure the machinery they supply in the European Economic Area (EEA) is safe no matter where it is made. The EEA includes the European Union member countries and also Iceland, Norway and Liechtenstein, but excludes Switzerland even though that country is implementing the European Directive.
They also need to check that:
Warning: If you are importing or constructing the machine yourself, you take on the responsibilities of the supplier.
The machine must comply with the Essential Health and Safety Requirements (EHSRs) of the supply law. However, when a machine has been made to the specification in a harmonised European Standard (identified by an EN before the number, eg BS EN...), there is a presumption that it conforms to the relevant EHSRs. The use of these standards is voluntary. Some European Standards for particular types of machinery are already available, others are being written.
Manufacturers can design and manufacture their machinery to other product standards, eg British or American standards, as long as they are certain the machine will comply with the relevant EHSRs and be safe. However, the use of such standards, during manufacture, does not give a presumption of conformity with the relevant EHSRs.
In some circumstances, machinery (for example, some woodworking machinery and power-presses) must be type-examined by an independent third party if they are not made in accordance with a harmonised standard. Details will be given on the Declaration of Conformity.
It has to be safe for use. In most cases it will not have CE marking, but it is still the duty of the supplier to make sure that it is safe and has instructions for safe use. There is also the duty on you (the user) to make sure that second-hand machinery is:
If a second-hand machine has been totally refurbished (for example, adding CNC control to a machine, together with other work) it may have CE marking. This is because the way it operates is different after the refurbishment and as a result it has been treated as if it was a new machine.
If a machine is designed to be incorporated into other machinery, it might not have CE marking fixed to it. It should be manufactured to be as safe as possible and be provided with a Declaration of Incorporation. Instructions on safe installation and use should also be provided. When the machine is fitted into the assembly line, particular attention must be given to any hazards which may have been caused by the machine being fitted into the line. For instance, additional guarding or other controls may be required.
Once the machine has been fitted and the whole line is safe, the technical file should be completed and either the machine or the whole line should have CE marking. This can be done by a project manager (eg the installer, assembler or the manufacturer) but in many cases you can do it, particularly if you operate a small company.
Normally it is better to buy the machine with all the manufacturer's safeguards included. However, in some special circumstances, for example where particular tools etc are going to be incorporated or an existing noise enclosure is going to be re-used, there can be a specific written agreement relating to the provision of these particular items, between you, the buyer, and the supplier. But you must sign to accept this responsibility and in effect become involved in the final part of the manufacturing process. The CE marking should be added to the machine by the manufacturer or by you, the user, after the other safeguards, etc have been fitted.
The supply law does not apply to the following machinery:
The future availability and accuracy of the references listed in this publication cannot be guaranteed.
HSE priced and free publications are available by mail order from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA Tel: 01787 881165 Fax: 01787 313995 Website: www.hsebooks.co.uk (HSE priced publications are also available from bookshops and free leaflets can be downloaded from HSE’s website.)
For information about health and safety ring HSE’s Infoline Tel: 0845 345 0055 Fax: 0845 408 9566 Textphone: 0845 408 9577 e-mail: hse.infoline@natbrit.com or write to HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.
This leaflet contains notes on good practice which are not compulsory but which you may find helpful in considering what you need to do.
This leaflet is available in priced packs of 15 from HSE Books, ISBN 0717615596 and a web version can be found at: www.hse.gov.uk/pubns/indg271.pdf [273KB] . Single copies are free.
© Crown copyright This publication may be freely reproduced, except for advertising, endorsement or commercial purposes. First published 04/98. Please acknowledge the source as HSE.